Doctrine Of Discovery And Terra Nullius
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Hear this out loud PauseTwo papal bulls, in particular, stand out: (1) Pope Nicholas V issued "Romanus Pontifex" in 1455, granting the Portuguese a monopoly of trade with Africa and authorizing the enslavement of local people; (2) Pope Alexander VI issued the Papal Bull ?Inter Caetera? in 1493 to justify Christian European explorers' claims ...
Hear this out loud PauseThe Doctrine of Discovery was the international law that gave license to explorers to claim vacant land (terra nullius) in the name of their sovereign.
More broadly, the doctrine of discovery can be described as an international law doctrine giving authorization to explorers to claim terra nullius ? i.e. said inhabited land ? in the name of their sovereign when the land was not populated by Christians.
Hear this out loud PauseThe doctrine of discovery was used as the legal foundation for taking the land of Indigenous people by Europeans, and for the establishment of residential schools; as Justice Marshall wrote, ?The European governments asserted the exclusive right of granting the soil to individuals, subject only to the Indian right of ...
Hear this out loud PauseOccupation of terra nullius is one of several ways in which a state can acquire territory under international law. The other means of acquiring territory are conquest, cession by agreement, accretion through the operations of nature, and prescription through the continuous exercise of sovereignty.